SCRANTON – A Glenville man and his family allege they suffered undue expenses because they were not notified of health benefits after the husband was terminated from his job.

Michael A. Weiss, M.D.; Kathy Weiss; and three minor children filed a complaint on July 3 in the U.S. District Court for the Middle District of Pennsylvania against Surgical Anesthesia Services LLC and Joe McDonnell citing the Employee Retirement Income Security Act and the Consolidated Omnibus Budget Reconciliation Act.

According to the complaint, Michael A. Weiss was terminated by Surgical Anesthesia Services in January. He alleges that the defendants did not send him timely notice and election to continue health benefits pursuant to COBRA within 30 days of his termination.

The plaintiffs holds Surgical Anesthesia Services LLC and McDonnell responsible because the defendants allegedly failed to send the COBRA documentation to the plaintiff upon his termination, which caused the plaintiffs to incur undue expenses for new health care costs.

The plaintiffs request seek damages for medical bills, interest, court costs and any further relief the court grants. They are represented by Jeremy A. Donham of Donham Law in Dellslow, West Virginia.

U.S. District Court for the Middle District of Pennsylvania case number 1:17-cv-01162-SHR

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